Frequently Asked Questions
About Our Firm
How long have you been in business?
Our firm was founded in 2010 with the goal of helping victims of catastrophic injuries and wrongful death. Collectively, our lawyers have more than 100 years of experience litigating and trying complex, high-stakes cases.
How will I know which of your attorneys is best for me?
You can learn more about each of our attorneys and the types of cases they handle here.
What types of cases do you handle?
At Yarborough Applegate, we handle all types of catastrophic personal injury and wrongful death cases, including those that involve tractor-trailer collisions, defective products, drunk driving and dram shop, workplace injuries, electrocutions, traumatic brain injuries (TBI), spinal cord injuries, and more. We also handle a select number of cases involving serious business and financial losses, including construction defect cases and fraud/misrepresentation cases. Read more about our various practice areas here.
What types of personal injury cases do you handle?
We handle all types of catastrophic personal injury cases. See a full list here.
Do you only handle cases in Charleston?
No. Our firm’s work spans all 46 counties in South Carolina and beyond. We have litigated and tried cases in a number of other states including Maryland, Louisiana, and Ohio.
Do you practice law in my area?
It depends—give us a call for a free consultation. Even if we don’t practice where you are, we have a wide network of referral partners across geographic and practice areas and we would be happy to recommend a lawyer who can assist you.
- How long have you been in business?
Personal Injury 101
Why should I hire a personal injury lawyer?
Insurance companies exist for the sole purpose of making a profit. The only way they do that is by taking in your monthly premiums and then when it comes time to pay a claim, offering as little as they can get away with. Hiring an experienced personal injury attorney levels the playing field.
What types of cases are considered personal injury?
Car crashes and tractor-trailer crashes; slips, trips, and falls; electrocutions, explosions, and burns, and so much more. Any time there is a physical injury caused by the fault of another person, company, or entity, you may have a personal injury case. Read more about the various types of personal injury cases practice areas.
What types of damages are available in a personal injury case?
There are two main categories of damages available in a personal injury case: economic damages and noneconomic damages. Economic damages include medical bills, lost wages, loss of future earning capacity, and out-of-pocket expenses. Noneconomic damages are those arising from pain and suffering, inconvenience, physical impairment and disfigurement, mental anguish, emotional distress, loss of society and companionship, injury to reputation, humiliation, and more. In a wrongful death case, the beneficiaries may be entitled to recover for any pre-death pain, suffering, and mental anguish on behalf of the deceased, as well as for the beneficiaries’ own noneconomic damages.
Can I file a lawsuit on behalf of an injured family member?
In certain situations, yes. If a family member has been killed as a result of someone else’s negligence, the surviving heirs may be able to bring a “wrongful death” and/or “survival” claim. If you are the adult parent of a minor child, you also may be able to bring a claim on behalf of that child if they are injured by another’s negligence. Call us today to discuss your potential case for free.
Which relatives are allowed to sue for wrongful death?
In order to bring a wrongful death case in South Carolina, a “Personal Representative” or administrator of the deceased person’s estate must be appointed. This process takes place in the Probate Court, typically in the county where the deceased family member resided at the time of his or her death. For more information about wrongful death cases, contact us today—there is no obligation and no cost to call us.
What should I do if I've been injured by a defective product?
After seeking medical care, you should contact a product liability attorney. Because it can be difficult to determine who may be liable for your injuries, it is always best to work with an attorney who has experience in these cases if you intend to sue for damages. Read more about the different types of product liability cases here, and if you think you might have a case, contact Yarborough Applegate today.
What should I do if I'm hit by a person who doesn't have insurance?
- Call the police and file a report.
- Swap contact information with the other driver and any witnesses present.
- Gather details about the other driver’s vehicle and take photos and videos of the vehicles and your injuries.
- Contact your insurance company to alert them about the accident.
- Hire a trusted car accident attorney.
How do I file a claim with an insurance company in South Carolina?
It can be a daunting experience to watch your insurance company become a rival in the moment you need them most. To successfully navigate the complex process, you need an aggressive advocate like Yarborough Applegate. We believe in holding insurance companies accountable for unethical actions. Our attorneys have stood up to insurance companies time and time again on behalf of our clients—and won.
If I'm in an accident, what information should I get from the at-fault driver?
After checking yourself and any passengers for injuries and moving to a safe location like the side of the road or sidewalk, you’ll want to gather the following from the at-fault driver.
- Full name and contact information.
- Insurance company and policy number
- Driver’s license and license plate numbers
- Vehicle make, model, and color
I was hurt while on vacation in South Carolina. Should I hire a South Carolina-based lawyer or one from my home state?
If you were injured in South Carolina, you need a South Carolina attorney. Injuries can happen anywhere. When one occurs while you’re away from home, the already-complicated process can feel even more complex. Jurisdiction laws typically require that you file a case in the state where the incident occurred. If you want to hire an attorney from your home state, he or she must have admittance to the state bar in the state where the case is being filed. Even if an attorney in your home state is able to practice in South Carolina, he or she may not have as deep a grasp of the state laws as a local attorney. You should also consider potential travel expenses the attorney would incur. Yarborough Applegate’s attorneys have proven experience pursuing justice on behalf of out-of-state clients who were injured while on vacation in South Carolina.
How do I get started?
Call us to speak with an attorney today. We will promptly let you know if we think you have a case. If it’s something we can help you with, we will hit the ground running right away. If not, we will be candid with you or refer you to another lawyer who might be better suited to assist you.
What information do you need from me to get started?
The more documentation you have about your claim, the better. Photographs, videos, incident reports, eyewitnesses who will support you—all these things are important and can make a difference in your case.
- Why should I hire a personal injury lawyer?
Fees and Recoveries
How much will I be charged for legal services?
We charge nothing up front, and only get paid if we win your case. This is called a “contingency fee” arrangement—our firm’s fee is contingent upon a successful resolution of your case.
What is a contingency fee?
This means our firm’s fee is contingent upon a successful resolution of your case. Simply put: We only get paid if you win your case.
Will I have out-of-pocket expenses?
No. We front all of the costs of litigation and will never send you a monthly bill for expenses or fees.
How much is my case worth?
This depends on a number of factors, most importantly the extent and severity of your injuries, the level of negligent or reckless conduct of the responsible party, the available insurance coverage of the defendant(s), and, ultimately, the likelihood of success at trial. Contact us to discuss your potential case.
- How much will I be charged for legal services?
About the Process
On average, how long does it take before a settlement/trial is reached?
This also depends on a number of variables. Some cases are resolved in a matter of just a few months, while others take a few years. If your case has to go to trial, it can be anywhere from 18 months to 4 years (or more) before you are able to get to a jury trial.
At what point should I hire an attorney?
The earlier, the better. Give us a call today to discuss your options.
How much time do I have to file a claim?
The answer to this question depends on the type of potential case and who the potential defendant(s) are. Every injury case is subject to what is called a Statute of Limitations, which sets a deadline for when you have to file a lawsuit. For most injury cases in South Carolina, this period is 2-3 years. However, there are important exceptions and you need to be careful not to let the Statue of Limitations pass. Call us today to discuss your potential case and the deadlines that may apply.
How do I win my personal injury case?
Every case is different, and the law that applies to each case may be different. Typically—though not always—to win a case alleging injury caused by the negligence of another, you have to prove that another person or entity was negligent (i.e., they owed a duty of due care to the injured person and violated that duty), and that the negligence proximately caused a specific injury/harm/loss as a result.
How will I be kept informed on my case?
We take a team approach to litigating every case, and your case is no different. Your case will be handled by at least two attorneys and one paralegal, if not more. We stay in touch across all communication channels—in-person meetings, phone calls, video chats, emails, and texts—to keep our clients informed about every material development in their case.
Will I have to go to court?
Each case is unique, so it depends. Most of our cases are not resolved in the “pre-suit” phase, and typically require the filing of a lawsuit before a settlement or trial. We aggressively prepare every single case as if it is going to a jury trial, because we know that is the only way to force a fair and reasonable settlement before trial.
- On average, how long does it take before a settlement/trial is reached?